This CLE webinar will give personal injury attorneys practical tips for negotiating and resolving ERISA liens and claims for reimbursement against personal injury settlements in order to maximize recovery for their clients.

Description

Personal injury attorneys spend significant time negotiating ERISA liens and claims for reimbursement in tandem with a personal injury settlement. ERISA reimbursement claims, which involve an ERISA plan administrator seeking repayment of money it paid for the plaintiff’s medical bills, can severely limit a plaintiff’s financial recovery following an injury.

Plaintiffs have a greater chance of reducing liens when they negotiate with the ERISA plan prior to settling the personal injury claim. Therefore, final settlement of personal injury claims should not occur until ERISA liens are addressed. Strategic negotiation of the liens will help personal injury attorneys maximize their clients’ recovery during settlement of their personal injury claim.

The U.S. Supreme Court ruled in Montanile v. Board of Trustees of the National Elevator Indus. Health Benefit Plan (2016) that when an injury victim obtains a settlement from a third party and spends the settlement on non-traceable items, an ERISA health plan may not enforce a reimbursement claim against the victim’s remaining assets. The high court’s ruling provides guidance in this area that supplements the seminal U.S. Airways v. McCutchen ruling.

Mr. Place serves as Director of Synergy Lien Resolution Services and Multi Claimant Solutions, exclusively assisting personal injury victims and plaintiff counsel with complex lien resolution problems using his vast knowledge of the other side’s techniques. Prior to joining Synergy, he represented large private group health insurance plans, self-funded ERISA groups, FEHBA plans, Medicare Advantage plans, state Medicaid plans, as well as stop-loss and disability plans in their subrogation/recovery programs. He asserted subrogation/reimbursement rights for those groups in all fifty states, personally recovering nearly one hundred million dollars for the insurance industry.

Mr. Solomon’s nationwide practice is focused on evaluation, litigation and resolution of healthcare...
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Mr. Solomon’s nationwide practice is focused on evaluation, litigation and resolution of healthcare lien/reimbursement claims. He represents personal injury victims and their attorneys in defending against claims by health plans and government benefits programs seeking payment out of tort recoveries. Prior to opening his own specialty firm, Mr. Solomon’s practice included 20 years of litigating mass tort and individual personal injury claims on behalf of plaintiffs. He is a frequent speaker on healthcare lien and reimbursement issues.

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$197

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